Section 290 in The Code of Criminal Procedure

Title: Execution of foreign commissions

Description: (1) The provisions of section 286 and so much of section 287 and section 288 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 284. (2) The Courts, Judges and Magistrates referred to in sub-section (1) are--- (a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Code does not extend, as the Central Government may, by notification, specify in this behalf; (b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.

Title: Deposition of medical witness

Description: (1) The deposition of civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be given in evidence in any inquiry, trial or other proceeding under this Code, although the deponent is not called as a witness. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject-matter of his deposition. STATE AMENDMENTS Gujarat In the principal Act, in section 291, in sub-section (1), after the words "in the presence of accused", the words "or, as the case may be through the medium of Electronic Video Linkageā€ shall be inserted. [Vide Gujarat Act 31 of 2017, sec. 5.]

Title: Identification report of Magistrate

Description: 1[(1) Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Code, although such Magistrate is not called as a witness: Provided that where such report contains a statement of any suspect or witness to which the provisions of section 21, section 32, section 33, section 155 or section 157, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report.] 1. Ins. by Act 25 of 2005, s. 24 (w.e.f. 23-6-2006).

Title: Evidence of officers of the Mint

Description: (1) Any document purporting to be a report under the hand of any such 1[officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents, as the case may be,] as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code, although such officer is not called as a witness. (2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of his report: Provided that no such officer shall be summoned to produce any records on which the report is based. (3) Without prejudice to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), no such officer shall, 1[except with the permission of the General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State Examiner of Questioned Documents Organisation, as the case may be,] be permitted--- (a) to give any evidence derived from any unpublished official records on which the report is based; or (b) to disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing. 1. Subs. by Act 2 of 2006, s. 5, for certain words (w.e.f. 16-4-2006).

Title: Reports of certain Government scientific experts

Description: (1) Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code. (2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report. (3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf. (4) This section applies to the following Government scientific experts, namely:--- (a) any Chemical Examiner or Assistant Chemical Examiner to Government; 1[(b) the Chief Controller of Explosives;] (c) the Director of the Finger Print Bureau; (d) the Director, Haffkeine Institute, Bombay; (e) the Director 2 [, Deputy Director or Assistant Director] of a Central Forensic Science Laboratory or a State Forensic Science Laboratory; (f) the Serologist to the Government; 3[(g) any other Government scientific expert specified, by notification, by the Central Government for this purpose.] 1. Subs. by Act 25 of 2005, s. 26, for cl. (b) (w.e.f. 23-6-2006). 2. Ins. by Act 45 of 1978, s. 21 (w.e.f. 18-12-1978). 3. Ins. by Act 25 of 2005, s. 26 (w.e.f. 23-6-2006).

CHAPTER 23 EVIDENCE IN INQUIRIES AND TRIALS BCommissions for the examination of witnesses